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12-15-221
Section 12-15-221 Modification, extension or termination of orders of custody or probation
generally. (a) An order awarding legal custody or an order of probation made by the juvenile
court in the case of a child may be modified, revoked, or extended on motion by: (1) A child,
whose legal custody has been transferred to a department, institution, agency, or person,
requesting the juvenile court for a modification or termination of the order, alleging that
the child is no longer in need of placement or probation and the department, institution,
agency, or person has denied application for release of the child or has failed to act upon
the application within a reasonable time; or (2) A department, institution, agency, or person
vested with legal custody or responsibility for probation, requesting the juvenile court for
a modification, an extension, or a termination of the order on the grounds that the action
is in the best interests of the child or necessary to safeguard the welfare of...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1)
There exists in this state a number of children who cannot reside with their parents, legal
guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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12-15-316
Section 12-15-316 Modification, extension, or termination of orders of custody or protective
supervision generally. An order awarding legal custody or an order of protective supervision
made by the juvenile court in the case of a child may be modified, terminated, or extended
on motion by any of the following: (1) A child, whose legal custody has been transferred to
a department, institution, agency, or person, requesting the juvenile court for a modification
or termination of the order, alleging that the child is no longer dependent or that protective
supervision is no longer necessary. (2) A department, institution, agency, or person vested
with legal custody or responsibility for protective supervision, requesting the juvenile court
for a modification, an extension, or a termination of the order on the grounds that this action
is in the best interests of the child. (Act 2008-277, p. 441, §18.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-316.htm - 1K - Match Info - Similar pages
12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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12-15-208
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-203.htm - 5K - Match Info - Similar pages
30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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